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    The Howell Township Police Department provided the Asbury Park Press with a copy of its policy on traffic stops.

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    The Howell Township Police Department provided the Asbury Park Press with a copy of its policy on traffic stops.

    Copyright:

    © All Rights Reserved
    Als PDF herunterladen oder online auf Scribd lesen
    Markieren Sie unangemessene Inhalte
    8K Ansichten14 Seiten

    HTPD Traffic Policy

    Hochgeladen von

    Asbury Park Press
    The Howell Township Police Department provided the Asbury Park Press with a copy of its policy on traffic stops.

    Copyright:

    © All Rights Reserved
    Als PDF herunterladen oder online auf Scribd lesen
    Markieren Sie unangemessene Inhalte
    von 14
    = SS HOWELL POLICE DEPARTMENT GENERAL ORDER | CHAPTER: + | FOF PAGES: | VOLUME ‘SUBJECT: UNIFORM TRAFFIC ENFORCMENT AND. CONTROL | EFFECTIVE DATE: ‘ACCREDITATION ~~ SUPERSEDES ORDER E May 14, 2014 STANDARDS: | BY THE ORDER OF; ~~ 36.4,382,36.3,3.84, 363 Chiat Ronald T. Carter | PURPOSE: To establish guidelines for stopping and contacting traffc law vicators that ensures the safely of both the violator and the pofce ofoer. The purpose of tis poly isto esteblah Lniorm guidelines for oficars to flow regarding tafe dracon, conto, and enforcement ‘ecton() Incidental to 8 violation 118 the policy ofthis dapartmant to enforce traffe laws forthe purpose of reducing the umber of tfc accidents and rolsted jude and deathe, ‘Therefore, offeers enforcement actions, and tile decisions about the typeof enforcement action to take in ‘any given situation, should include careful consideration of tha nature and ealousness of {the votaton, the Intant ofthe driver and the effect ofthe velaton on the violator other ‘motorists andlor pedestrians Officers wil iniiaa enfexenmant action hasad on a combination of traliing, experiance, ‘and common sense.” In ihe absence of specie dreclon eizewhere, oficers shoud ‘parte onthe premise thal delberss vilations of trac laws, and hazardovs volabons, eserve a more. vigorous enforcement effort than do inadvertent wolions. oF ronkazardous violations. Further, the depariment places grster emphasis onthe qualty of an officers trafic low enforcement efforts, rather than the quandly. Al unformed offoes share respons ft traf lw enforcement. Supervisors wil consider these factors in evalustng the tac enforoement work of subortinates. The department expects al unformed oficers to ‘conte to the alc enforcement effort, But does not eetableh quantiatve obecives for individual offcers, such as ekot quota HOWELL POLICE DEPARTMENT - Unto Tate Enema Cont Pog <4 PROCEDURES: Procedures for Trafic Enforcement Action 1 PROFILING PROHIBITED: Profing (Including bute not mite to race, ethnic beckground, gender, sexval orentaton, reljon, economic talus, age, cultural (group, or any other identiisle groups) is sity prohibied as a jusification for ‘any police ofcer to conduct any typo of slp of saizure of a ciizen, Trafic enforcement shal be based solely on tho bass of the violation observed end nol ‘be profile oF the operator andlor cccupante. Ses the deparbrent poley on Profiling & Discriminatory Practices. ‘The role of the offee isto observe and prevent violations af tafe lawe and to {ake appropriate enforcement action when vations are observed. Enforcament Bolles cannot and should ot supplant tie officer's. alscretion, based on professional judgment, taining, and expesance. Remember that both qualitative land qvantiative emphasis is Integral o the success of to Trafic enforcemant Program. All ffeere shell take appropriate enorcemnent acton for each violation Wwiinessed or reported to them. All enforcement setions wil be aocomplished firm, for, impertal and courteous manner, and may encampass the folowing verGel warning, a tac caion, oF actual physical areal. Oficars have the lscretionary authority 2s io which form of enareomont fs tobe taken by them ‘Those Include ut are et lied otha folowing 4. Verbal warning - used by the offear when iti obvious that the viltion ‘was uninlenonal and thal the valor wil now comply wih te law due (2 the office's warning. Officers sha exzain the volaton tothe vilator but shell not eetre ther, 2 Witten warning - used by the offer Inlieu of a verbal waming when its cbvious thatthe volaon fs unintentional snd tat the violator wil comply wit he law du tote ofcers wamsng. Officers shall explain the Volton ‘0 the vitor but shall not fecure tien. Wren warnings have three paris. ‘The fist (ite copy) is given te the violator, The second (yellow ‘opy) Is forwarded to records anc th thd (oink copy) is retained by the offer. 3. Trafic summons ~ The folowing procetures shal be used whan iesuing a afc summons: 2 _Allvatfc surrmonses will ba issued n compliance with his policy. >. Al-summonsas shall be completa in detains enrol: © Officers shat only use the court ates and times publehed by the court All summonses shall be coretuly reviewed for accuracy prior to issuance © Officers shal void» cation whan the offense is rsolved prior to its Issuance. For example, i voltor preduces proof of insurance afer 2 ciation is writen but before kis served, the offer shal not Cle the person for that ofense. HOWELL POLICE DEPARTMENT Unt Trae Encarta Cool Page 2 k When issuing citations, officers shall explain the procedure te ‘lator neds to folow in order to handle the ctaton, and educato the ceiver about the violation. Officer shall nt lecture the visor. COficers wl retain thelr copy of the summons in sccordance with Now Jersey Records Retention Schedule, Offcare may dscerd their copy 30 dys after fra ispostion of tho oa “Ths blue “department” copy of the summons wil be retained by the Department for tek recor. Pr to submission the cling officer shall record thelr observations ‘and notes on 1) the reverse edo of the ‘Yalow copy andlor 2) they ‘ay record their observations on the MO cart ‘Te yellow copies of motor vehicle summons are to be maintained by he ofce for Discovery purposes and for court. (Offers wil forward the remaining copes tothe court. 4. Physical arrest - this form of enforcement actin fo be used inthe case of only tho mest serous of motor vehicie volo In sccordance with Tite 39:5-25, polce may not routinely arast a rmolrist for a minor moter vehicle volaton. An arrest is only authorized under the following two condlions (established in Stal Of Now Jersey v.Pirce) Protect public safety (0. “sorous" motor vehicle violations) A serious motor veicle voltion i one that poses a "grave danger to the public and Includes a provision for bomnse ‘suspension. Examples Inde, but are not limited te the following 1. Driving wile ntoioated OWL; 2. Possession of CDS in 2 Motor Vehicle; 3, Driving wtile Suspended or Revoked 4. Speeding: 5. Reckless Drving: 6. Carols driving: 7. Leaving the Scare of an Crash with Deoth or Serious body injury: ond 8. Witty essing and abandoning vehicles. ‘Assure the motors wil respond fo @ eummons (Rules 7:2- 2(0)& 3:81(¢)) or appear for court. 4. Defendant has beon sored with @ summens and has ‘ales appear, HOWELL POLICE DEPARTMENT Under Tai Entroman end Corel -Pag 3 4 ‘Traffic Law Violations by Special Cl A 2 Thare ls resson to beleve that the defendant is ‘dangerous to self other persons or property: 3. There is an outstanding warrant forthe defendent; 4. Defendants identy or address ie not known and 2 warrants necessary to eubject the defendant to the Jurisdletlon ofthe cour 5. There is reason (articulate) to bellve thet the defendant wil nl zppearin response lo summons. b. When arresting the diver of @ motor vehicle for an allowable ‘ffse (see above) the ofeer shall flow department polcy In ‘ogee othe following! Completion of an inveetigation reper Completion of an arast port: | Completion and issuance of» criminal complin (complaint ‘ara, complet sumo, oF speck ern camplt iM. Taking a writen er verbal statement from the accused. ¥.—ingerseinting: and WL Photographing Officers should stive fo make each trafic contact educational. It is the Departments intart to leave violators with in feaing tet ofcers have perfomed ‘8 necessary lask na professional and tencly mene, 108 of Violators ‘The procedures oulined in Section | ofthis poly shall also be used in prfoming trafic enforcement related activates wih any of tie fowing special lasses of \ivershiollors. Usted below are eddltonal “special” consieratons an obs? ‘Should ake int acsount ‘Non-Residents - Reslents and non-osient wil be (oated the same: feity end impart, in regars o motor vehicle enforcemont. Officers may consider se of ‘warnings for non-residents who commit a minor norhazardous Wolalon, Ofers ‘should consider the Issuance of # summons for serous or hazardous velatons, ‘depending onthe dreumstances. Ifthe efter Tees” the violator will not appear in cout they shou flow tho procedure outinad in Secon |o this potoy. ‘Juveniles ~ Juvertes may be issued a waming in Hew of @ tafe summons. ‘Offcers should corsier use of warming fer juveniles who commit @ minor, ron: hazardous violator. Wamings may Include advice fo parents, “Oficere shoud Cconskder the issuance of a summons for serous or hazardous. vilalens, pending on the ceumstances. In all c¥cumstances, the officer shal make HOWELL POLICE DEPARTMENT Una Trae Enramen sd Canal -Page 4014 °. contact withthe parent or quarcian of a juvenie (person under the age of 18) to Inform them ofthe indent and the enforcement action taken, Request forDriver's Re-Examination, ® _Reesamination may be requiod of divers inthe catogares below. Please check any that appyto ths driver 1. Persons having menial o physical dlsorders which may affect thle bly to safely operate a motor vehice: 2, Persons invaived in a trac aceldentresuting Ina ftalty where & volation of any of the provisions of NJ.S.A. 39:41 et seq. Is estabished: 3. Persons wo have accumulated 12 oF more pohts as provided In GAG. YSH@NO OF 4. Persons convicted of violating any of the provisions of NASA. 39:44 et eq, where the judge determines that bo offense was of Such a careoss, rckloss or Indifferent nate ae to require reexamination, b. Ifa pace oftar encounters driver who appears to Be physically andlor ‘mentaly Incapable of operating @ motor vente, the offeer wil ntiy the "New Jersey Motor Vehicle Commission (NIMVCG) using the MRS Driver Examination andlor Modleal Evaluation Request form provided by the nan ©. Allof ne Information boxos on the form must be compleed in detail The cfcer wl subi the form fois or her superior for reviw and approval ‘The sepenisor wil be responsia for submitting the form othe NUVG. A copy othe frm wil be relained by the agancy In Record 4, If the divers condsion is such that coninued operaton of the motor ‘vehicle wil imminently endanger the motoring publi, or he criverhimset further operation wil not be alowed. The vehicle shouldbe sately socured| by parking I legal, if possbl, or by impoundment and arrangements made for the operator. If 2 medical condiion ' present and reques the ‘need cf emergency sttenlon an ambulance wll be depaiched 0 the locaton, Government Ofcials - Members of the Unted Statos Congress going to, coming from, or whi atinding sessions, are rmmune from ames, except forces ofthe frst, second, rth degree (U.S. Constitution, Arle |, Secon Vi). Members of the State Senate and Assembly going to, coming irom, or while allending ‘sessions, are mmuna from arrest, except for crimes. of the Trt ond, or third degree (NJ. Constitution, Acie fV, Section IV, Paragraph 8). “or enforamant purposes, menbers ofthe U.S. Congress and ths State Senate end Assembly wil be treated in he sarno manner, and with the same courtesies, thet would be ‘extended to ether persons caiming immu Foreign Diplomats and Consular Officials - Diplomatic mmmunty Is granted by the United 'Stztos goverment under provisions of the Vienna Convention on lplomatic relations. Goneraly, these (provisions epply to two (2) classes of Immunity: Forogn Diplomas and Consular Officials. Any of the flowing contacts HOWELL POLICE DEPARIMET- Unt Talc Earcarent end Cane Page St witha Foreign Diplomat and Consular Offeld wil requre notification tothe United States Department of Sits at 20247-4000. 1. Trafic summons ~ Foreign Diplonsis and Consular Officials may be en a. verbal warming or Issued @ trafic summons for molar verse Violations. For enforcement purposes, Foreign Diplomats and Consuiar COfcials willbe Weated inthe sama manne, and withthe eame courtesios, that would be extended to other persons claiming Immun. 2. Physical arrest ~ Foreign Dplomats (Diplomatic agents end members of ‘acministraive and technical staff) nay not be amested or detained Reasonable restraints, however, may "be applied in emergency Ccroumstances involving sedefense, puble safety, or the prevention of Serious criminal acts. Career Consular Offers may be arresiad and tained only for an indictable offence pursuant to\a warrant. Honorary (Consular Offcer and Consuiar Employees may be detained and amested, Miltary Personne! ~ Miltary Personnel who are passing through our sorvice area may be tresled as non-esisents or if trom our service afea, 25 residents However, i an aclve duty soltier commits 2 serous offenee necessiiating an ‘est, the appropiate Provost Marshes Oca wil be noifed by the Chiet of Poice of his designee. Miltary personnel, who arp passing fvough our sarvica 88, wile operaing rly vehicles, aro exampe from estan moving vslaions. in accordance with N.IS.A. Tle 364-103, Uniform Enforcement Policies A Driving Under the influence of AlcohoUDrugs (OWI) - Driving Whe Intoxicated (OWN is a serous ofense. Each yaar more than half 2 milion peope ae injured fnd aver 13,000 are killed In OW! related crashos. Offeore ofthe apency wil patrol digenty to apprehend eny eehor suspected of etving tile under the Inlonce of alcohol or drugs. Any deve found to be operating tho vehicle olaton of the state's DWT lave should be arrested end prosecuted under the fullest extant ofthe law. Driving Registration Priviloge Suspended of Revoked -A trafic summons may be tasued when an offer has stopped a veticia and identfed tha driver ‘porting wit a revoked or suspended licence or 2 suspended regstaton.. In eran circumstances en arrest may be warranied 1. 20:40:26. Operating motor vehicle ding period of llcense suspension, fourth depres crim. 2. The operator ofa motor vehicle In lation of ath degree ore wien; (a) they have corti a 2nd offense 38:2-40 forthe same suspension fora frst offense DW! or (9) 393-40 fora suspension Issued fra sacond or third offerse DW b. The 303-40 violator may be arrested wth authorization ofthe shift supervisor and charged wth 2040.26 for thie volaton in adton {othe Issuance of a motor vehile vation for 3932-40, & is imparatve that the enforcing offcer be clear as to the Information conained on the divers sbstrct. ‘Should doubt exist ‘a to the cause of the violators suspension, the violator should HOWELL POLICE DEPARTUENT-Uniom Trac Eforamet se Goa! Paph 61 NOT be arrasted unti such time the driver's abstract can be reviewed by the municipal prosecutor, generaly during the tat ‘appearance of the violator in municipal court. 4. Should the municipal prosecutor determine the suspension fis the crioria of 20:40-26, the violator can be charged accordingly and presessed as an aro. ©. Speed Violations - Excessive speed isthe second grestest cause of deth and injury on the American highways. Uniform matheds of enforcemert of spoed laws ‘shouldbe applied by al cles and range from a warning for minor volaton io 8 trafic summons fr sorous violations. Procedures forthe enforcament of lav applying 0 spaed wil vary in accordance with te type of equipment used. 1. Pacing « The offcor should folow the vehicle being paced at a constant Interval foran adequate distance to obtain a reacing on te spsedomear Indicating a speed exceeding thet posted. All sposdomtere must be calbrated annualy In accoréarce with Division of Criminal Justo recormandstone 2, Radar - Reder may be utilzed whenover possible for spged enforemant ‘with cancostaton on specific known problam areas ©. Hazardous Moving Violations - When handing a situaton ivoWing other hazardous violtions, ofcer should consider the dagree ofthe hazerd, place, Previous accident history of locaton, and the cument erected parol emphasis ‘when mating an enforcament decision, E. Off-Road or Off-Road Vehicle Violations - Of

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